sec.14BOther exemptions for the sale of liquor

### sec.14B Other exemptions for the sale of liquor This Act does not apply to the following— a sale of liquor to an adult in Parliament House by permission and under control of the Parliament; a sale of liquor in the lawful operation of an Australian Defence Force canteen; a sale to an adult at an auction, other than an auction in a relevant restricted area, conducted by a licensed auctioneer— of liquor for a person who is authorised by this Act to sell the liquor; or by order of a trustee under the Bankruptcy Act 1966 (Cwlth) , of liquor held by the trustee as trustee under that Act; or by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased’s estate; or by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee; a sale, during actual flight of an aircraft, of liquor to an adult passenger on the aircraft made for the aircraft’s operator and for consumption during the flight, or carrying or exposing liquor for the sale; a sale of liquor by a provider of bed and breakfast accommodation or host farm accommodation, other than accommodation in a relevant restricted area, to an adult guest of the provider for consumption on the premises at which the accommodation is provided; a sale of liquor to an adult by the proprietor of a duty free shop, other than a duty free shop in a relevant restricted area, described in a warehouse licence under the Customs Act if— the sale takes place at the duty free shop; and the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and the liquor is to be delivered to the adult under the permission; a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person ) other than the purchaser of the floral arrangement or gift basket, if— the sale is part of a florist’s business or the business of a person selling gift baskets; and the relevant person is an adult; and the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and the gift is to be delivered to a place other than a place within a relevant restricted area; and the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price or a lesser amount prescribed under a regulation; and the liquor had been purchased on a retail basis; a sale of liquor in a retirement village, other than a retirement village in a relevant restricted area, to an adult who is a resident of the retirement village or an adult guest of a resident if the quantity of liquor sold to the person is not more than 2 standard drinks in a day; a sale of liquor by a hairdresser or a barber to an adult client if— the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and the premises are not in a relevant restricted area; and the liquor is consumed on the premises; and the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day; a sale of liquor by a limousine licensee to an adult passenger of a limousine if— the sale takes place during the journey for which the limousine was hired; and the liquor is not sold or consumed inside a relevant restricted area; and the liquor is consumed inside the limousine; and the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m; a sale of liquor by a tour operator to an adult participant of a tour if— the sale happens during a tour booked with the operator; and the liquor is not sold or consumed inside a relevant restricted area; and the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m. In this section— aircraft means an aircraft that is not licensed premises. bed and breakfast accommodation means accommodation that— includes the provision of accommodation and breakfast for guests; and is conducted on premises (other than a caravan, caretaker’s or manager’s residence, flat, home unit, hostel, hotel, lodging house, motel or relocatable home) by a person who lives on the premises; and caters for a maximum of 8 adult guests at the same time; and may be provided for a guest for a maximum continuous period of 14 days. Customs Act means the Customs Act 1901 (Cwlth) . duty free shop means— an outwards duty free shop under section 96A of the Customs Act ; or an inwards duty free shop under section 96B of the Customs Act . host farm accommodation means accommodation that— includes the provision of accommodation and meals, or food for preparing meals, for guests; and is conducted on a farm involved in primary production by a person who manages, and lives on, the farm; and caters for a maximum of 6 guests at the same time; and may be provided for a guest for a maximum continuous period of 30 days. limousine see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 . limousine licensee means the holder of a limousine licence under the Transport Operations (Passenger Transport) Act 1994 . pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student. resident , of a retirement village, see the Retirement Villages Act 1999 , section 9 . retirement village see the Retirement Villages Act 1999 , section 5 . s 14B ins 2013 No. 25 s 127 amd 2013 No. 62 s 24 ; 2016 No. 4 s 22 ; 2017 No. 18 s 37 sch 1 (sec.14B-ssec.1) This Act does not apply to the following— a sale of liquor to an adult in Parliament House by permission and under control of the Parliament; a sale of liquor in the lawful operation of an Australian Defence Force canteen; a sale to an adult at an auction, other than an auction in a relevant restricted area, conducted by a licensed auctioneer— of liquor for a person who is authorised by this Act to sell the liquor; or by order of a trustee under the Bankruptcy Act 1966 (Cwlth) , of liquor held by the trustee as trustee under that Act; or by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased’s estate; or by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee; a sale, during actual flight of an aircraft, of liquor to an adult passenger on the aircraft made for the aircraft’s operator and for consumption during the flight, or carrying or exposing liquor for the sale; a sale of liquor by a provider of bed and breakfast accommodation or host farm accommodation, other than accommodation in a relevant restricted area, to an adult guest of the provider for consumption on the premises at which the accommodation is provided; a sale of liquor to an adult by the proprietor of a duty free shop, other than a duty free shop in a relevant restricted area, described in a warehouse licence under the Customs Act if— the sale takes place at the duty free shop; and the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and the liquor is to be delivered to the adult under the permission; a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person ) other than the purchaser of the floral arrangement or gift basket, if— the sale is part of a florist’s business or the business of a person selling gift baskets; and the relevant person is an adult; and the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and the gift is to be delivered to a place other than a place within a relevant restricted area; and the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price or a lesser amount prescribed under a regulation; and the liquor had been purchased on a retail basis; a sale of liquor in a retirement village, other than a retirement village in a relevant restricted area, to an adult who is a resident of the retirement village or an adult guest of a resident if the quantity of liquor sold to the person is not more than 2 standard drinks in a day; a sale of liquor by a hairdresser or a barber to an adult client if— the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and the premises are not in a relevant restricted area; and the liquor is consumed on the premises; and the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day; a sale of liquor by a limousine licensee to an adult passenger of a limousine if— the sale takes place during the journey for which the limousine was hired; and the liquor is not sold or consumed inside a relevant restricted area; and the liquor is consumed inside the limousine; and the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m; a sale of liquor by a tour operator to an adult participant of a tour if— the sale happens during a tour booked with the operator; and the liquor is not sold or consumed inside a relevant restricted area; and the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m. (sec.14B-ssec.2) In this section— aircraft means an aircraft that is not licensed premises. bed and breakfast accommodation means accommodation that— includes the provision of accommodation and breakfast for guests; and is conducted on premises (other than a caravan, caretaker’s or manager’s residence, flat, home unit, hostel, hotel, lodging house, motel or relocatable home) by a person who lives on the premises; and caters for a maximum of 8 adult guests at the same time; and may be provided for a guest for a maximum continuous period of 14 days. Customs Act means the Customs Act 1901 (Cwlth) . duty free shop means— an outwards duty free shop under section 96A of the Customs Act ; or an inwards duty free shop under section 96B of the Customs Act . host farm accommodation means accommodation that— includes the provision of accommodation and meals, or food for preparing meals, for guests; and is conducted on a farm involved in primary production by a person who manages, and lives on, the farm; and caters for a maximum of 6 guests at the same time; and may be provided for a guest for a maximum continuous period of 30 days. limousine see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 . limousine licensee means the holder of a limousine licence under the Transport Operations (Passenger Transport) Act 1994 . pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student. resident , of a retirement village, see the Retirement Villages Act 1999 , section 9 . retirement village see the Retirement Villages Act 1999 , section 5 . - (a) a sale of liquor to an adult in Parliament House by permission and under control of the Parliament; - (b) a sale of liquor in the lawful operation of an Australian Defence Force canteen; - (c) a sale to an adult at an auction, other than an auction in a relevant restricted area, conducted by a licensed auctioneer— (i) of liquor for a person who is authorised by this Act to sell the liquor; or (ii) by order of a trustee under the Bankruptcy Act 1966 (Cwlth) , of liquor held by the trustee as trustee under that Act; or (iii) by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased’s estate; or (iv) by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee; - (i) of liquor for a person who is authorised by this Act to sell the liquor; or - (ii) by order of a trustee under the Bankruptcy Act 1966 (Cwlth) , of liquor held by the trustee as trustee under that Act; or - (iii) by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased’s estate; or - (iv) by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee; - (d) a sale, during actual flight of an aircraft, of liquor to an adult passenger on the aircraft made for the aircraft’s operator and for consumption during the flight, or carrying or exposing liquor for the sale; - (e) a sale of liquor by a provider of bed and breakfast accommodation or host farm accommodation, other than accommodation in a relevant restricted area, to an adult guest of the provider for consumption on the premises at which the accommodation is provided; - (f) a sale of liquor to an adult by the proprietor of a duty free shop, other than a duty free shop in a relevant restricted area, described in a warehouse licence under the Customs Act if— (i) the sale takes place at the duty free shop; and (ii) the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and (iii) the liquor is to be delivered to the adult under the permission; - (i) the sale takes place at the duty free shop; and - (ii) the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and - (iii) the liquor is to be delivered to the adult under the permission; - (g) a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person ) other than the purchaser of the floral arrangement or gift basket, if— (i) the sale is part of a florist’s business or the business of a person selling gift baskets; and (ii) the relevant person is an adult; and (iii) the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and (iv) the gift is to be delivered to a place other than a place within a relevant restricted area; and (v) the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and (vi) the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price or a lesser amount prescribed under a regulation; and (vii) the liquor had been purchased on a retail basis; - (i) the sale is part of a florist’s business or the business of a person selling gift baskets; and - (ii) the relevant person is an adult; and - (iii) the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and - (iv) the gift is to be delivered to a place other than a place within a relevant restricted area; and - (v) the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and - (vi) the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price or a lesser amount prescribed under a regulation; and - (vii) the liquor had been purchased on a retail basis; - (h) a sale of liquor in a retirement village, other than a retirement village in a relevant restricted area, to an adult who is a resident of the retirement village or an adult guest of a resident if the quantity of liquor sold to the person is not more than 2 standard drinks in a day; - (i) a sale of liquor by a hairdresser or a barber to an adult client if— (i) the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and (ii) the premises are not in a relevant restricted area; and (iii) the liquor is consumed on the premises; and (iv) the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and (v) the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day; - (i) the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and - (ii) the premises are not in a relevant restricted area; and - (iii) the liquor is consumed on the premises; and - (iv) the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and - (v) the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day; - (j) a sale of liquor by a limousine licensee to an adult passenger of a limousine if— (i) the sale takes place during the journey for which the limousine was hired; and (ii) the liquor is not sold or consumed inside a relevant restricted area; and (iii) the liquor is consumed inside the limousine; and (iv) the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and (v) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m; - (i) the sale takes place during the journey for which the limousine was hired; and - (ii) the liquor is not sold or consumed inside a relevant restricted area; and - (iii) the liquor is consumed inside the limousine; and - (iv) the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and - (v) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m; - (k) a sale of liquor by a tour operator to an adult participant of a tour if— (i) the sale happens during a tour booked with the operator; and (ii) the liquor is not sold or consumed inside a relevant restricted area; and (iii) the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and (iv) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m. - (i) the sale happens during a tour booked with the operator; and - (ii) the liquor is not sold or consumed inside a relevant restricted area; and - (iii) the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and - (iv) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m. - (i) of liquor for a person who is authorised by this Act to sell the liquor; or - (ii) by order of a trustee under the Bankruptcy Act 1966 (Cwlth) , of liquor held by the trustee as trustee under that Act; or - (iii) by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased’s estate; or - (iv) by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee; - (i) the sale takes place at the duty free shop; and - (ii) the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and - (iii) the liquor is to be delivered to the adult under the permission; - (i) the sale is part of a florist’s business or the business of a person selling gift baskets; and - (ii) the relevant person is an adult; and - (iii) the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and - (iv) the gift is to be delivered to a place other than a place within a relevant restricted area; and - (v) the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and - (vi) the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price or a lesser amount prescribed under a regulation; and - (vii) the liquor had been purchased on a retail basis; - (i) the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and - (ii) the premises are not in a relevant restricted area; and - (iii) the liquor is consumed on the premises; and - (iv) the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and - (v) the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day; - (i) the sale takes place during the journey for which the limousine was hired; and - (ii) the liquor is not sold or consumed inside a relevant restricted area; and - (iii) the liquor is consumed inside the limousine; and - (iv) the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and - (v) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m; - (i) the sale happens during a tour booked with the operator; and - (ii) the liquor is not sold or consumed inside a relevant restricted area; and - (iii) the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and - (iv) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m. - (a) includes the provision of accommodation and breakfast for guests; and - (b) is conducted on premises (other than a caravan, caretaker’s or manager’s residence, flat, home unit, hostel, hotel, lodging house, motel or relocatable home) by a person who lives on the premises; and - (c) caters for a maximum of 8 adult guests at the same time; and - (d) may be provided for a guest for a maximum continuous period of 14 days. - (a) an outwards duty free shop under section 96A of the Customs Act ; or - (b) an inwards duty free shop under section 96B of the Customs Act . - (a) includes the provision of accommodation and meals, or food for preparing meals, for guests; and - (b) is conducted on a farm involved in primary production by a person who manages, and lives on, the farm; and - (c) caters for a maximum of 6 guests at the same time; and - (d) may be provided for a guest for a maximum continuous period of 30 days.